"NEW SECTION.  Sec. 1   The legislature finds and declares that:
     (1) Phthalates are a class of chemicals used in polyvinyl chloride (PVC) plastic to improve flexibility. Phthalates are used in many products intended for use by young children including, but not limited to, teethers, toys, and soft plastic books; and
     (2) There is extensive scientific literature reporting the hormone-disrupting effects of phthalates and substantial evidence that levels of the phthalates of concern are found in humans at levels associated with adverse effects.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Child care article" includes all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, including but not limited to pacifiers and teethers.
     (2) "Department" means the department of ecology.
     (3) "Toy" includes all products designed or intended by the manufacturer to be used by children when they play, including but not limited to soft plastic childrens' books.

NEW SECTION.  Sec. 3   (1) Beginning January 1, 2010, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding one-tenth of one percent.
     (2) Beginning January 1, 2010, no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under three years of age if that product is likely to be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding one-tenth of one percent.

NEW SECTION.  Sec. 4   (1) Toy and child care article manufacturers that seek to comply with this chapter shall use an alternative that is less toxic than phthalates. In selecting from potential alternatives, preference must be given to those alternatives that are the least toxic.
     (2) Toy and child care article manufacturers that seek to comply with this chapter may not replace phthalates with:
     (a) Carcinogens that are rated by the United States environmental protection agency as A, B, or C carcinogens as it exists on the effective date of this section;
     (b) Substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the United States environmental protection agency's "Office of Pesticide Programs List of Chemicals Evaluated for Carcinogenic Potential" as it exists on the effective date of this section;
     (c) Substances listed as being known to cause cancer in the California safe drinking water act as it exists on the effective date of this section; or
     (d) Reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the United States environmental protection agency as of the effective date of this section or listed in the California safe drinking water act as it exists on the effective date of this section.

NEW SECTION.  Sec. 5   The department may adopt rules as necessary for the purposes of implementing, administering, and enforcing this chapter.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW."